Step 7. Payment Procedure
Once the matter is settled, the file is handed over to our finance department who will attend to the formalities to follow which include but are not limited to handing our file over to a cost consultant to draft and prepare the relevant attorney and client and the Party and Party bills of cost.
Party and Party costs are the costs that the RAF pays as a cost contribution (includes most if not all of the expenses financed by the attorney and a large portion of his / her fees).
The payment frequency of the RAF constantly changes but are usually in the region of 180 days from the court date or settlement.
In terms of our fee agreement, all fees and disbursements are deducted from the first available funds and, the difference is paid to the client as a first payment.
Once we receive the Party and Party costs a second payment is made and if added to the first payment, will ensure that the client receives no less than 75% seventy five percent of the capital value of his / her claim.
If the RAF fail to pay, a writ is obtained and served by the Sheriff upon the RAF to compel payment – this process, unfortunately, adds to the amount of time that it may take to either make the first and / or second payment(s).
Please be assured that we will do everything reasonably possible to ensure that payment(s) are made to our clients.
Clients are contacted as soon as payment is received from the RAF to confirm banking details and FICA information is verified.
Our finance department is also tasked to ensure that the relevant Section 17(4)(a) – undertakings are recovered from the Fund.